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91_HB4429
LRB9113152STsb
1 AN ACT to amend the Unemployment Insurance Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unemployment Insurance Act is amended by
5 changing Section 401 as follows:
6 (820 ILCS 405/401) (from Ch. 48, par. 401)
7 Sec. 401. Weekly Benefit Amount - Dependents'
8 Allowances.
9 A. With respect to any week beginning prior to April 24,
10 1983, an individual's weekly benefit amount shall be an
11 amount equal to the weekly benefit amount as defined in this
12 Act as in effect on November 30, 1982.
13 B. 1. With respect to any week beginning on or after
14 April 24, 1983 and before January 3, 1988, an individual's
15 weekly benefit amount shall be 48% of his prior average
16 weekly wage, rounded (if not already a multiple of one
17 dollar) to the next higher dollar; provided, however, that
18 the weekly benefit amount cannot exceed the maximum weekly
19 benefit amount, and cannot be less than 15% of the statewide
20 average weekly wage, rounded (if not already a multiple of
21 one dollar) to the next higher dollar. However, the weekly
22 benefit amount for an individual who has established a
23 benefit year beginning before April 24, 1983, shall be
24 determined, for weeks beginning on or after April 24, 1983
25 claimed with respect to that benefit year, as provided under
26 this Act as in effect on November 30, 1982. With respect to
27 any week beginning on or after January 3, 1988 and before
28 January 1, 1993, an individual's weekly benefit amount shall
29 be 49% of his prior average weekly wage, rounded (if not
30 already a multiple of one dollar) to the next higher dollar;
31 provided, however, that the weekly benefit amount cannot
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1 exceed the maximum weekly benefit amount, and cannot be less
2 than $51. With respect to any week beginning on or after
3 January 3, 1993, an individual's weekly benefit amount shall
4 be 49.5% of his prior average weekly wage, rounded (if not
5 already a multiple of one dollar) to the next higher dollar;
6 provided, however, that the weekly benefit amount cannot
7 exceed the maximum weekly benefit amount and cannot be less
8 than $51.
9 2. For the purposes of this subsection:
10 With respect to any week beginning on or after April 24,
11 1983, an individual's "prior average weekly wage" means the
12 total wages for insured work paid to that individual during
13 the 2 calendar quarters of his base period in which such
14 total wages were highest, divided by 26. If the quotient is
15 not already a multiple of one dollar, it shall be rounded to
16 the nearest dollar; however if the quotient is equally near 2
17 multiples of one dollar, it shall be rounded to the higher
18 multiple of one dollar.
19 "Determination date" means June 1, 1982, December 1, 1982
20 and December 1 of each succeeding calendar year thereafter.
21 However, if as of June 30, 1982, or any June 30 thereafter,
22 the net amount standing to the credit of this State's account
23 in the unemployment trust fund (less all outstanding advances
24 to that account, including advances pursuant to Title XII of
25 the federal Social Security Act) is greater than
26 $100,000,000, "determination date" shall mean December 1 of
27 that year and June 1 of the succeeding year. Notwithstanding
28 the preceding sentence, for the purposes of this Act only,
29 there shall be no June 1 determination date in any year after
30 1986.
31 "Determination period" means, with respect to each June 1
32 determination date, the 12 consecutive calendar months ending
33 on the immediately preceding December 31 and, with respect to
34 each December 1 determination date, the 12 consecutive
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1 calendar months ending on the immediately preceding June 30.
2 "Benefit period" means the 12 consecutive calendar month
3 period beginning on the first day of the first calendar month
4 immediately following a determination date, except that, with
5 respect to any calendar year in which there is a June 1
6 determination date, "benefit period" shall mean the 6
7 consecutive calendar month period beginning on the first day
8 of the first calendar month immediately following the
9 preceding December 1 determination date and the 6 consecutive
10 calendar month period beginning on the first day of the first
11 calendar month immediately following the June 1 determination
12 date. Notwithstanding the foregoing sentence, the 6 calendar
13 months beginning January 1, 1982 and ending June 30, 1982
14 shall be deemed a benefit period with respect to which the
15 determination date shall be June 1, 1981.
16 "Gross wages" means all the wages paid to individuals
17 during the determination period immediately preceding a
18 determination date for insured work, and reported to the
19 Director by employers prior to the first day of the third
20 calendar month preceding that date.
21 "Covered employment" for any calendar month means the
22 total number of individuals, as determined by the Director,
23 engaged in insured work at mid-month.
24 "Average monthly covered employment" means one-twelfth of
25 the sum of the covered employment for the 12 months of a
26 determination period.
27 "Statewide average annual wage" means the quotient,
28 obtained by dividing gross wages by average monthly covered
29 employment for the same determination period, rounded (if not
30 already a multiple of one cent) to the nearest cent.
31 "Statewide average weekly wage" means the quotient,
32 obtained by dividing the statewide average annual wage by 52,
33 rounded (if not already a multiple of one cent) to the
34 nearest cent. Notwithstanding any provisions of this Section
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1 to the contrary, the statewide average weekly wage for the
2 benefit period beginning July 1, 1982 and ending December 31,
3 1982 shall be the statewide average weekly wage in effect for
4 the immediately preceding benefit period plus one-half of the
5 result obtained by subtracting the statewide average weekly
6 wage for the immediately preceding benefit period from the
7 statewide average weekly wage for the benefit period
8 beginning July 1, 1982 and ending December 31, 1982 as such
9 statewide average weekly wage would have been determined but
10 for the provisions of this paragraph. Notwithstanding any
11 provisions of this Section to the contrary, the statewide
12 average weekly wage for the benefit period beginning April
13 24, 1983 and ending January 31, 1984 shall be $321 and for
14 the benefit period beginning February 1, 1984 and ending
15 December 31, 1986 shall be $335, and for the benefit period
16 beginning January 1, 1987, and ending December 31, 1987,
17 shall be $350, except that for an individual who has
18 established a benefit year beginning before April 24, 1983,
19 the statewide average weekly wage used in determining
20 benefits, for any week beginning on or after April 24, 1983,
21 claimed with respect to that benefit year, shall be $334.80,
22 except that, for the purpose of determining the minimum
23 weekly benefit amount under subsection B(1) for the benefit
24 period beginning January 1, 1987, and ending December 31,
25 1987, the statewide average weekly wage shall be $335; for
26 the benefit periods January 1, 1988 through December 31,
27 1988, January 1, 1989 through December 31, 1989, and January
28 1, 1990 through December 31, 1990, the statewide average
29 weekly wage shall be $359, $381, and $406, respectively.
30 Notwithstanding the preceding sentences of this paragraph,
31 for the benefit period of calendar year 1991, the statewide
32 average weekly wage shall be $406 plus (or minus) an amount
33 equal to the percentage change in the statewide average
34 weekly wage, as computed in accordance with the preceding
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1 sentences of this paragraph, between the benefit periods of
2 calendar years 1989 and 1990, multiplied by $406; and, for
3 the benefit periods of calendar years 1992 through 2000 2003
4 and calendar year 2005 and each calendar year thereafter, the
5 statewide average weekly wage, shall be the statewide average
6 weekly wage, as determined in accordance with this sentence,
7 for the immediately preceding benefit period plus (or minus)
8 an amount equal to the percentage change in the statewide
9 average weekly wage, as computed in accordance with the
10 preceding sentences of this paragraph, between the 2
11 immediately preceding benefit periods, multiplied by the
12 statewide average weekly wage, as determined in accordance
13 with this sentence, for the immediately preceding benefit
14 period. For the benefit period of 2004, the statewide average
15 weekly wage shall be $600. Provided however, that for any
16 benefit period after December 31, 1990, if 2 of the following
17 3 factors occur, then the statewide average weekly wage shall
18 be the statewide average weekly wage in effect for the
19 immediately preceding benefit period: (a) the average
20 contribution rate for all employers in this State for the
21 calendar year 2 years prior to the benefit period, as a ratio
22 of total contribution payments (including payments in lieu of
23 contributions) to total wages reported by employers in this
24 State for that same period is 0.2% greater than the national
25 average of this ratio, the foregoing to be determined in
26 accordance with rules promulgated by the Director; (b) the
27 balance in this State's account in the unemployment trust
28 fund, as of March 31 of the prior calendar year, is less than
29 $250,000,000; or (c) the number of first payments of initial
30 claims, as determined in accordance with rules promulgated by
31 the Director, for the one year period ending on June 30 of
32 the prior year, has increased more than 25% over the average
33 number of such payments during the 5 year period ending that
34 same June 30; and provided further that if (a), (b) and (c)
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1 occur, then the statewide average weekly wage, as determined
2 in accordance with the preceding sentence, shall be 10% less
3 than it would have been but for these provisions. If the
4 reduced amount, computed in accordance with the preceding
5 sentence, is not already a multiple of one dollar, it shall
6 be rounded to the nearest dollar. The 10% reduction in the
7 statewide average weekly wage in the preceding sentence shall
8 not be in effect for more than 2 benefit periods of any 5
9 consecutive benefit periods. This 10% reduction shall not be
10 cumulative from year to year. Neither the freeze nor the
11 reduction shall be considered in the determination of
12 subsequent years' calculations of statewide average weekly
13 wage. However, for purposes of the Workers' Compensation Act,
14 the statewide average weekly wage will be computed using June
15 1 and December 1 determination dates of each calendar year
16 and such determination shall not be subject to the limitation
17 of $321, $335, $350, $359, $381, $406 or the statewide
18 average weekly wage as computed in accordance with the
19 preceding 6 7 sentences of this paragraph.
20 With respect to any week beginning on or after April 24,
21 1983 and before January 3, 1988, "maximum weekly benefit
22 amount" means 48% of the statewide average weekly wage,
23 rounded (if not already a multiple of one dollar) to the
24 nearest dollar, provided however, that the maximum weekly
25 benefit amount for an individual who has established a
26 benefit year beginning before April 24, 1983, shall be
27 determined, for weeks beginning on or after April 24, 1983
28 claimed with respect to that benefit year, as provided under
29 this Act as amended and in effect on November 30, 1982,
30 except that the statewide average weekly wage used in such
31 determination shall be $334.80.
32 With respect to any week beginning after January 2, 1988
33 and before January 1, 1993, "maximum weekly benefit amount"
34 with respect to each week beginning within a benefit period
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1 means 49% of the statewide average weekly wage, rounded (if
2 not already a multiple of one dollar) to the next higher
3 dollar.
4 With respect to any week beginning on or after January 3,
5 1993, "maximum weekly benefit amount" with respect to each
6 week beginning within a benefit period means 49.5% of the
7 statewide average weekly wage, rounded (if not already a
8 multiple of one dollar) to the next higher dollar.
9 C. With respect to any week beginning on or after April
10 24, 1983 and before January 3, 1988, an individual to whom
11 benefits are payable with respect to any week shall, in
12 addition to such benefits, be paid, with respect to such
13 week, as follows: in the case of an individual with a
14 nonworking spouse, 7% of his prior average weekly wage,
15 rounded (if not already a multiple of one dollar) to the
16 higher dollar; provided, that the total amount payable to the
17 individual with respect to a week shall not exceed 55% of the
18 statewide average weekly wage, rounded (if not already a
19 multiple of one dollar) to the nearest dollar; and in the
20 case of an individual with a dependent child or dependent
21 children, 14.4% of his prior average weekly wage, rounded (if
22 not already a multiple of one dollar) to the higher dollar;
23 provided, that the total amount payable to the individual
24 with respect to a week shall not exceed 62.4% of the
25 statewide average weekly wage, rounded (if not already a
26 multiple of one dollar) to the next higher dollar with
27 respect to the benefit period beginning January 1, 1987 and
28 ending December 31, 1987, and otherwise to the nearest
29 dollar. However, for an individual with a nonworking spouse
30 or with a dependent child or children who has established a
31 benefit year beginning before April 24, 1983, the amount of
32 additional benefits payable on account of the nonworking
33 spouse or dependent child or children shall be determined,
34 for weeks beginning on or after April 24, 1983 claimed with
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1 respect to that benefit year, as provided under this Act as
2 in effect on November 30, 1982, except that the statewide
3 average weekly wage used in such determination shall be
4 $334.80.
5 With respect to any week beginning on or after January 2,
6 1988 and before January 1, 1991 and any week beginning on or
7 after January 1, 1992, and before January 1, 1993, an
8 individual to whom benefits are payable with respect to any
9 week shall, in addition to those benefits, be paid, with
10 respect to such week, as follows: in the case of an
11 individual with a nonworking spouse, 8% of his prior average
12 weekly wage, rounded (if not already a multiple of one
13 dollar) to the next higher dollar, provided, that the total
14 amount payable to the individual with respect to a week
15 shall not exceed 57% of the statewide average weekly wage,
16 rounded (if not already a multiple of one dollar) to the next
17 higher dollar; and in the case of an individual with a
18 dependent child or dependent children, 15% of his prior
19 average weekly wage, rounded (if not already a multiple of
20 one dollar) to the next higher dollar, provided that the
21 total amount payable to the individual with respect to a week
22 shall not exceed 64% of the statewide average weekly wage,
23 rounded (if not already a multiple of one dollar) to the next
24 higher dollar.
25 With respect to any week beginning on or after January 1,
26 1991 and before January 1, 1992, an individual to whom
27 benefits are payable with respect to any week shall, in
28 addition to the benefits, be paid, with respect to such week,
29 as follows: in the case of an individual with a nonworking
30 spouse, 8.3% of his prior average weekly wage, rounded (if
31 not already a multiple of one dollar) to the next higher
32 dollar, provided, that the total amount payable to the
33 individual with respect to a week shall not exceed 57.3% of
34 the statewide average weekly wage, rounded (if not already a
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1 multiple of one dollar) to the next higher dollar; and in the
2 case of an individual with a dependent child or dependent
3 children, 15.3% of his prior average weekly wage, rounded (if
4 not already a multiple of one dollar) to the next higher
5 dollar, provided that the total amount payable to the
6 individual with respect to a week shall not exceed 64.3% of
7 the statewide average weekly wage, rounded (if not already a
8 multiple of one dollar) to the next higher dollar.
9 With respect to any week beginning on or after January 3,
10 1993, an individual to whom benefits are payable with respect
11 to any week shall, in addition to those benefits, be paid,
12 with respect to such week, as follows: in the case of an
13 individual with a nonworking spouse, 9% of his prior average
14 weekly wage, rounded (if not already a multiple of one
15 dollar) to the next higher dollar, provided, that the total
16 amount payable to the individual with respect to a week
17 shall not exceed 58.5% of the statewide average weekly wage,
18 rounded (if not already a multiple of one dollar) to the next
19 higher dollar; and in the case of an individual with a
20 dependent child or dependent children, 16% of his prior
21 average weekly wage, rounded (if not already a multiple of
22 one dollar) to the next higher dollar, provided that the
23 total amount payable to the individual with respect to a week
24 shall not exceed 65.5% of the statewide average weekly wage,
25 rounded (if not already a multiple of one dollar) to the next
26 higher dollar.
27 For the purposes of this subsection:
28 "Dependent" means a child or a nonworking spouse.
29 "Child" means a natural child, stepchild, or adopted
30 child of an individual claiming benefits under this Act or a
31 child who is in the custody of any such individual by court
32 order, for whom the individual is supplying and, for at least
33 90 consecutive days (or for the duration of the parental
34 relationship if it has existed for less than 90 days)
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1 immediately preceding any week with respect to which the
2 individual has filed a claim, has supplied more than one-half
3 the cost of support, or has supplied at least 1/4 of the cost
4 of support if the individual and the other parent, together,
5 are supplying and, during the aforesaid period, have supplied
6 more than one-half the cost of support, and are, and were
7 during the aforesaid period, members of the same household;
8 and who, on the first day of such week (a) is under 18 years
9 of age, or (b) is, and has been during the immediately
10 preceding 90 days, unable to work because of illness or other
11 disability: provided, that no person who has been determined
12 to be a child of an individual who has been allowed benefits
13 with respect to a week in the individual's benefit year shall
14 be deemed to be a child of the other parent, and no other
15 person shall be determined to be a child of such other
16 parent, during the remainder of that benefit year.
17 "Nonworking spouse" means the lawful husband or wife of
18 an individual claiming benefits under this Act, for whom more
19 than one-half the cost of support has been supplied by the
20 individual for at least 90 consecutive days (or for the
21 duration of the marital relationship if it has existed for
22 less than 90 days) immediately preceding any week with
23 respect to which the individual has filed a claim, but only
24 if the nonworking spouse is currently ineligible to receive
25 benefits under this Act by reason of the provisions of
26 Section 500E.
27 An individual who was obligated by law to provide for the
28 support of a child or of a nonworking spouse for the
29 aforesaid period of 90 consecutive days, but was prevented by
30 illness or injury from doing so, shall be deemed to have
31 provided more than one-half the cost of supporting the child
32 or nonworking spouse for that period.
33 (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 7-29-99.)